Sam2012 Posted January 31, 2012 Report Share Posted January 31, 2012 Hi, My PD is current in Feb2012 VB and I am getting separation from my wife. It's very sad story. It’s not ego problem or anything she is living with someone else and she just cheated me so there will be no room for understanding. Divorce is my final destiny. I am currently on H1 visa, my wife came on H4 and converted to F1, as soon as she got F1 and getting her Master's done.. She showed me her true color of her and started in live-in with other guy. So In my case what should I do? Should I wait for filing my 485 until I got marry again or I should apply for 485 and think about F2A category for future wife. Thanks, Sam. Link to comment
aos_rfe Posted January 31, 2012 Report Share Posted January 31, 2012 Hi, My PD is current in Feb2012 VB and I am getting separation from my wife. It's very sad story. It’s not ego problem or anything she is living with someone else and she just cheated me so there will be no room for understanding. Divorce is my final destiny. I am currently on H1 visa, my wife came on H4 and converted to F1, as soon as she got F1 and getting her Master's done.. She showed me her true color of her and started in live-in with other guy. So In my case what should I do? Should I wait for filing my 485 until I got marry again or I should apply for 485 and think about F2A category for future wife. Thanks, Sam. just file. you dont know when you will marry again. is the divorce completed? Link to comment
forum.user Posted January 31, 2012 Report Share Posted January 31, 2012 It's sad to hear these kinds of news. Hope you have enough strength to face your current situation. If you are applying for GC, you would be free. But your future wife may have to wait probably one to 2 years. Again to determine this, there are many factors like how soon you are getting married, based on your priority date, based on USCIS I-485 inventory list etc. Now a days many people are getting GC. May be who knows you may find someone who is already having a GC. In that case, you waiting is unnecessary. Link to comment
bodhigan Posted January 31, 2012 Report Share Posted January 31, 2012 Hi, My PD is current in Feb2012 VB and I am getting separation from my wife. Are you the primary applicant? If yes, then I think you should just file for yourself and only yourself ASAP. Link to comment
gorantlamk Posted February 1, 2012 Report Share Posted February 1, 2012 Hi, My PD is current in Feb2012 VB and I am getting separation from my wife. It's very sad story. It’s not ego problem or anything she is living with someone else and she just cheated me so there will be no room for understanding. Divorce is my final destiny. I am currently on H1 visa, my wife came on H4 and converted to F1, as soon as she got F1 and getting her Master's done.. She showed me her true color of her and started in live-in with other guy. So In my case what should I do? Should I wait for filing my 485 until I got marry again or I should apply for 485 and think about F2A category for future wife. Thanks, Sam. First file for divorce so you dont have to worry about it and most important of all she wouldnt be eligble for GC. i would say wait for 485 filing if you are have job security. Link to comment
immidoubts Posted February 1, 2012 Report Share Posted February 1, 2012 go ahead and file your GC. See to it that she will be thrown out of the country as soon as possible Link to comment
Sam2012 Posted February 1, 2012 Author Report Share Posted February 1, 2012 Thanks All For Reply. My Seperation process just started , I am hopping to get finish in next 6-7 month. Link to comment
Sam2012 Posted February 1, 2012 Author Report Share Posted February 1, 2012 Are you the primary applicant? If yes, then I think you should just file for yourself and only yourself ASAP. Yes I am Primary Applicant Link to comment
Belle Posted February 1, 2012 Report Share Posted February 1, 2012 You can consult a lawyer on what separation means for her green card filing. In some states, separation is a first stage to divorce, and generally, she would not be able to file I-485 while in separation. In other states, she might be able to file for a green card. She should contact a lawyer to understand her options, and my advice to you is a) not try to keep her from filing and b) not try to rush into another marriage. Do your due diligence. I think you also look at your situation from the bright side. Your wife does not appear to be using you for a green card, and since she moved in with another guy, you are unlikely to be on a hook for spousal support. In the long run, you were unlikely to be happy anyway, so this is all for the better. Link to comment
Sam2012 Posted February 1, 2012 Author Report Share Posted February 1, 2012 You can consult a lawyer on what separation means for her green card filing. In some states, separation is a first stage to divorce, and generally, she would not be able to file I-485 while in separation. In other states, she might be able to file for a green card. She should contact a lawyer to understand her options, and my advice to you is a) not try to keep her from filing and b) not try to rush into another marriage. Do your due diligence. I think you also look at your situation from the bright side. Your wife does not appear to be using you for a green card, and since she moved in with another guy, you are unlikely to be on a hook for spousal support. In the long run, you were unlikely to be happy anyway, so this is all for the better. Thanks Belle. The Divorce process is going on in India. She is not aware that my PD is current and I think she has no intrest in GC. Sure I will not rush for Marriage in GC. Sure I will not rush for another Marriage Just looking for future option. Link to comment
Belle Posted February 2, 2012 Report Share Posted February 2, 2012 Thanks Belle. The Divorce process is going on in India. She is not aware that my PD is current and I think she has no intrest in GC. Sure I will not rush for Marriage in GC. Sure I will not rush for another Marriage Just looking for future option. Is there a particular reason why you want to divorce in India? My gut feeling is to check with a divorce lawyer in the US who dealt with international marriages to understand how this is going to square out. You don't want to think things were settled, and then have your ex go to court and try to declare divorce invalid. Otherwise, take care of yourself. Link to comment
Sam2012 Posted February 2, 2012 Author Report Share Posted February 2, 2012 The reason is that, I don't know where she is in USA. She doesn’t want to provide me her address or phone number or email address. I only come to know that she is living with another guy is by my insurance company since I we had Join insurance . My parents are only can contact to her parent and her parent doesn’t want to provide her USA contact Information... I am so stuck here , I am leaving alone and facing all this cheating alone here. :( Since Marriage was registered in India only... our Matrimonial Lawyer told us to file case in India. Link to comment
ha_c_23 Posted February 2, 2012 Report Share Posted February 2, 2012 The reason is that, I don't know where she is in USA. She doesn’t want to provide me her address or phone number or email address. I only come to know that she is living with another guy is by my insurance company since I we had Join insurance . My parents are only can contact to her parent and her parent doesn’t want to provide her USA contact Information... I am so stuck here , I am leaving alone and facing all this cheating alone here. :( Since Marriage was registered in India only... our Matrimonial Lawyer told us to file case in India. Sam I don't know what to advice but be strong and All the best for your future. She is just not worth it. All I can say is to file your 485 ASAP. Link to comment
Belle Posted February 2, 2012 Report Share Posted February 2, 2012 Well, if she is in the US, you should probably file in the US. It absolutely does not matter where the marriage was performed. Marriage is marriage. It does not need to be "registered" anywhere else. You should at least try to divorce in the US. Get a consultation with a US lawyer. Link to comment
aruns4 Posted February 2, 2012 Report Share Posted February 2, 2012 I deeply understand your situation and how you go through. Speak with a US and Indian lawyer and get divorce on adultery grounds. I think its best to go to US court and get divorced. Link to comment
jk25 Posted February 2, 2012 Report Share Posted February 2, 2012 The reason is that, I don't know where she is in USA. She doesn’t want to provide me her address or phone number or email address. I only come to know that she is living with another guy is by my insurance company since I we had Join insurance . My parents are only can contact to her parent and her parent doesn’t want to provide her USA contact Information... I am so stuck here , I am leaving alone and facing all this cheating alone here. :( Since Marriage was registered in India only... our Matrimonial Lawyer told us to file case in India. Sam, even though the marriage was registered in India, you can still file for divorce in US. It will be simpler if ur wife also agrees to the divorce and go through mutual consent. Divorce judgement if given out of country and is "in absentia" or "default" (becos other person didn't show up) will not be accepted in indian court. Even if your soon-tobe-exwife is not willing to come to court hearing, she can fillup a exception request form and send it to the attorney for mutual consent divorce. Thats the best course for both if u want to get divorced in US. Link to comment
thirdpaper Posted February 3, 2012 Report Share Posted February 3, 2012 I am so stuck here , I am leaving alone and facing all this cheating alone here. :( Sam, I cannot offer any advice. Just wanted to say, sorry to hear about your situation. Hang in there bhai, things will get better. Link to comment
Sam2012 Posted February 3, 2012 Author Report Share Posted February 3, 2012 Thanks All for reply and sympathy.. The best thing I can do right now is , talk to good lawyer here in USA and pray god. Link to comment
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